Mr. Marcus Bachmann

The applicant was involved in a motor vehicle accident and sought post-104 week income replacement benefits (IRBs) and interest.

The respondent denied the benefits, arguing the applicant could maintain employment.

The Tribunal found the applicant suffered a concussion and mild traumatic brain injury, leading to significant physical and psychological impairments.

Preferring the evidence of the applicant's experts over the respondent's, the Tribunal concluded the applicant demonstrated a complete inability to engage in any employment for which she is reasonably suited by education, training, or experience.

The applicant was awarded IRBs of $168.59 per week from August 24, 2023, to date, plus interest.

The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment based on mental or behavioural impairments, as well as ongoing income replacement benefits and medical/rehabilitation benefits.

The Tribunal found that the applicant sustained a catastrophic impairment under Criterion 8, as the accident exacerbated her pre-existing mental health issues, resulting in marked impairments in activities of daily living, concentration, persistence and pace, and adaptation.

The Tribunal also found the applicant entitled to a post-104-week income replacement benefit, concluding she suffered a complete inability to engage in suitable employment due to her psychological impairments.

Claims for social rehabilitation counselling and a separate file review fee for a catastrophic assessment were dismissed as not reasonable and necessary.